Search found 2654 matches

by Radar Identified
Thu Jan 07, 2010 7:13 pm
Forum: General Talk
Topic: clockwise direction on a crescent?
Replies: 1
Views: 1596

Re: clockwise direction on a crescent?

Is this crescent a cul-de-sac? Any lines painted on the road?
by Radar Identified
Wed Jan 06, 2010 6:45 pm
Forum: Traffic Offences Outside Ontario
Topic: Failing to stop at a stop sign
Replies: 15
Views: 7690

Re: Failing to stop at a stop sign

If the road/provincial offences regulations in Alberta require an officer to notify you in advance of the fact that you're getting a ticket, you might have a defence. I don't have enough experience with Alberta traffic laws and courts to answer that one. (Initially I'd thought you were an Alberta resident who got tagged in Ontario.)

I can tell ...
by Radar Identified
Wed Jan 06, 2010 12:40 pm
Forum: Traffic Offences Outside Ontario
Topic: Failing to stop at a stop sign
Replies: 15
Views: 7690

Re: Failing to stop at a stop sign

The officer did write down "disobey stop sign" plus the offence on the ticket, right?

I mean sitting there and not being informed to why I am am being detained in my car without being told why?


That's a grey area. Would it get a ticket tossed? No.

I think the only issue may have been a procedural one, I'm not sure if each police service ...
by Radar Identified
Tue Jan 05, 2010 3:15 pm
Forum: Failing to obey signs
Topic: 182 (2) - No sign
Replies: 12
Views: 3684

Re: 182 (2) - No sign

I now have the form (which is one page) but I don't see how to request that the cop appears in court. It just asks for my name, ticket number and a box to check that I will challenge the evidence in court.


"Challenge the evidence" is what you check to request the cop to appear.

I submitted a request to get the light fixed; stating that the ...
by Radar Identified
Tue Jan 05, 2010 1:16 pm
Forum: Careless Driving
Topic: Request for Disclosure - Enough Time?
Replies: 2
Views: 2184

Re: Request for Disclosure - Enough Time?

I cannot speak for any paralegal, nor do I want to speculate or comment on their actions. That would be inappropriate. If you have concerns with them, the best thing for you to do is talk to them directly. They'd be able to tell you a lot more than any of us would.

I will offer this, though. If your agent (or anyone else, for that matter) cannot ...
by Radar Identified
Tue Jan 05, 2010 1:06 pm
Forum: Failing to obey signs
Topic: Disobeying signs 182(2) (Steeles and Kennedy)
Replies: 13
Views: 5471

Re: Disobeying signs 182(2) (Steeles and Kennedy)

If they offer first attendance, that's certainly an option. Or you could call the Prosecutor's office in advance of the trial and arrange a plea-bargain, or show up early on the day of trial, if all you're looking for is a reduction. You may be able to get a municipal by-law infraction out of this one.

As for her lying... probably not. What she ...
by Radar Identified
Tue Jan 05, 2010 1:00 pm
Forum: Failing to obey signs
Topic: 182 (2) - No sign
Replies: 12
Views: 3684

Re: 182 (2) - No sign

Yep, sign is there. Just saw it now. They could use either 182 (2) or 144 (9), but in this case they're supposed to use 144 (9), as it is more specific. There's only a slight chance that will get the charge dropped, though.

Do you have any friends in Toronto who have a video camera? The traffic light changing suddenly from green to red could be ...
by Radar Identified
Mon Jan 04, 2010 9:21 pm
Forum: Courts and Procedure
Topic: What cases become case law?
Replies: 3
Views: 2412

Re: What cases become case law?

Can ANY past case be used as case law

This I do know: Yes. Any decided case is (more or less) case law.

Why the court decides to publish certain cases and not others, I don't know. CanLII seems to have some rather uninteresting cases but some of the really important ones that guided and instructed the Justices in those "uninteresting" ones are ...
by Radar Identified
Mon Jan 04, 2010 9:16 pm
Forum: Failing to obey signs
Topic: 182 (2) - No sign
Replies: 12
Views: 3684

Re: 182 (2) - No sign

Ever used Google Maps? Look at the address around 1700 The Queensway and with a little toggling left/right at the "street view" you can see the intersection. Unless something changed recently (which I don't think it did), there is nothing that prohibits turning right on a red there. The only sign you may have disobeyed are the lane signs. Which ...
by Radar Identified
Mon Jan 04, 2010 8:20 pm
Forum: Failing to obey signs
Topic: 182 (2) - No sign
Replies: 12
Views: 3684

Re: 182 (2) - No sign

The section you were charged under is 182 (2) Disobey Sign. That would only apply if there is a sign that says no right turn, or no right turn on a red. (Actually, the correct section for that charge would be 144 (9) for proceed contrary to sign at intersection.) Was there a sign there that prohibits turning right on a red?

I spoke to my uncle ...
by Radar Identified
Mon Jan 04, 2010 8:10 pm
Forum: General Talk
Topic: procedures for pulling over a car?
Replies: 3
Views: 1842

Re: procedures for pulling over a car?

There isn't a written script that they'll follow, every stop is different. There are general procedures and officer safety considerations that they should adhere to. That said, opening the door without first telling the driver is a bit odd...
by Radar Identified
Mon Jan 04, 2010 7:56 pm
Forum: General Talk
Topic: Minor car accident no injury
Replies: 3
Views: 2528

Re: Minor car accident no injury

Depends on how much his insurance company is asking for. If it is minor damage and you can pay out of pocket, you can resolve it without involving your insurer. This way your rates should not be affected. As the driver has already filed a claim, his insurance company can come after you for the damages. If it was just the side mirror... personally I ...
by Radar Identified
Mon Jan 04, 2010 7:52 pm
Forum: General Talk
Topic: Legal requirement to report accident to Insurer?
Replies: 17
Views: 7545

Re: Legal requirement to report accident to Insurer?

A hit-and-run accident with no suspect counts as a claim against your comprehensive coverage and will affect your rates. Any claim where you are ruled 0% at-fault will go under DCPD coverage and does not affect your rate. In RI's case, insurance would have covered under DCPD if he had witnessed the collision, taken down the plate, and filed a ...
by Radar Identified
Mon Jan 04, 2010 3:17 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: URGENT! Need Help, my court date is tomorrow!
Replies: 3
Views: 2789

Re: URGENT! Need Help, my court date is tomorrow!

Glad to hear that it worked out - $112 is a lot better than $300 and you saved a few demerit points. Your insurer may forgive the one ticket, you never know. Regardless, unless you have a plethora of other tickets, it shouldn't be too devastating of an increase.
by Radar Identified
Mon Jan 04, 2010 11:44 am
Forum: Improper passing
Topic: Solid Yellow Line vs. Double yellow line
Replies: 3
Views: 143966

Re: Solid Yellow Line vs. Double yellow line

You can pass on both a single or a double yellow line in Ontario. :shock:

The Ontario Traffic Manual sets the guidelines for when a single or double yellow line are to be used. Basically a double yellow is used when it is likely to be unsafe to pass, such as going around a blind curve. Single yellow lines are where it also may be unsafe, such as ...
by Radar Identified
Mon Jan 04, 2010 11:34 am
Forum: Careless Driving
Topic: Minor Rear End Collsion
Replies: 3
Views: 4010

Re: Minor Rear End Collsion

what's in it for the other driver to take time and appear in court?

If he's been ordered/subpoenaed to appear, and fails to do so, he can go to jail. Realistically, though, the Crown would just drop the charge and let it go, so the only advantage for him would be more of an intangible one (helping them convict you) than anything.

Plan for him ...
by Radar Identified
Sun Jan 03, 2010 10:43 pm
Forum: Stunt Driving
Topic: Can a case be dismissed if Crown mailed to wrong addy then..
Replies: 1
Views: 2274

Re: Can a case be dismissed if Crown mailed to wrong addy then..

To get the "no disclosure" angle, you basically need to show that, despite your reasonable efforts to obtain disclosure, the Crown failed to fulfill its duty to give it to you. A mistake by the Crown in the address is not enough, unless it happened more than once.

The main issue I see here is, did you know about your trial date? If not, why not ...
by Radar Identified
Sun Jan 03, 2010 10:31 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding at 86 km/hr in 70 km/hr zone.
Replies: 6
Views: 2882

Re: Speeding at 86 km/hr in 70 km/hr zone.

If you're worried about the demerit points, you can always plea bargain to 15-over. With 16 over, that should not be a problem. BTW, just to be sure, the officer didn't reduce the speed, correct?

Getting a lawyer probably isn't necessary, same for a paralegal. Price? Don't know, you'd have to check with them. If you want to find out, there's a ...
by Radar Identified
Sun Jan 03, 2010 10:25 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: URGENT! Need Help, my court date is tomorrow!
Replies: 3
Views: 2789

Re: URGENT! Need Help, my court date is tomorrow!

Is this police officer (that was doing the training) required to show up at my trial?

Not unless the training officer took the reading or observed you first or was the one keeping track of the vehicle. If he was just there and coaching, I'm going to say no.

2.) In the disclosure (which I received only at the pre-trial - which was the grounds ...
by Radar Identified
Sun Jan 03, 2010 9:54 pm
Forum: Careless Driving
Topic: Minor Rear End Collsion
Replies: 3
Views: 4010

Re: Minor Rear End Collsion

1) I understand I have to enter a plea to the prosecuter before entering the court room.

You only plead guilty/not guilty to the JP, not the Prosecutor. What you are doing in advance of the actual start of the trial is arranging a plea-bargain.

Should I agree to a lesser offence (if one is offered) or continue with a not-guilty plea if I'm ...
by Radar Identified
Sat Jan 02, 2010 1:51 pm
Forum: Courts and Procedure
Topic: Guidelines for Submitting Photographs
Replies: 2
Views: 7743

Guidelines for Submitting Photographs

These are some general guidelines for submitting photographs in court.

- Photographer must be present in the courtroom
- Photograph usually requires a time/date stamp
- Originals must be available to the court (if digital, "raw" format is used, plus a CD with the originals and the memory card)
- Photographs cannot be printed off your home ...
by Radar Identified
Sat Jan 02, 2010 1:39 pm
Forum: Courts and Procedure
Topic: Court closed for the holidays. How can I file my 11b?
Replies: 2
Views: 2198

Re: Court closed for the holidays. How can I file my 11b?

Other than sending a fax with a receipt to show that you attempted to file it over the holidays... probably not, unfortunately. It still wouldn't get to them until the first business day. That's probably a useless gesture, though. I'd file it on Monday and see how it goes.
by Radar Identified
Fri Jan 01, 2010 8:00 pm
Forum: Parking Tickets
Topic: Parking near a fire hydrant
Replies: 18
Views: 35072

Re: Parking near a fire hydrant

Courts in Toronto really like photos, as long as they have the following:

- Photographer present in the courtroom for trial
- Photograph taken on date of offence (date/time stamp if digital)
- Originals available (if digital, on CD and in a "raw" format... like we discussed a few months ago)
- Photograph printed at a regular photoshop like Black's ...
by Radar Identified
Fri Jan 01, 2010 7:27 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Help with a ticket please!
Replies: 8
Views: 2697

Re: Help with a ticket please!

hwybear wrote:All this is for the "summary" part at end of trial.
Good point.
by Radar Identified
Thu Dec 31, 2009 5:45 pm
Forum: Courts and Procedure
Topic: "Bilingual Defence" - Where it can be used
Replies: 18
Views: 9263

Re: "Bilingual Defence" - Where it can be used

hwybear wrote: I see one municipality listed that has not existed for 11 years
Which one? I'll edit the first post on the thread to remove it.
by Radar Identified
Thu Dec 31, 2009 5:42 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Help with a ticket please!
Replies: 8
Views: 2697

Re: Help with a ticket please!

You can beat this ticket. The officer charged you with the wrong offence.

To get started, photocopy the ticket, then send in the ticket requesting a trial and check off "officer present." Make your own notes of the incident, maybe even re-visit the scene to help refresh your memory. You will then get a court date in the mail. When that happens ...
by Radar Identified
Thu Dec 31, 2009 3:51 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Help with a ticket please!
Replies: 8
Views: 2697

Re: Help with a ticket please!

If I'm understanding you correctly, you were ticketed for Red Light - Fail to Stop, section 144 ( 18 ) of the Highway Traffic Act, right?

If so, you've been charged under the wrong section. You could have been charged with failing to clear the intersection or something else, but red light - fail to stop is only if you enter the intersection after ...
by Radar Identified
Thu Dec 31, 2009 3:46 pm
Forum: Courts and Procedure
Topic: "Bilingual Defence" - Where it can be used
Replies: 18
Views: 9263

Re: "Bilingual Defence" - Where it can be used

The most current information is maintained by the Office of Francophone Affairs:

http://www.ofa.gov.on.ca/en/flsa-mapdesig.html

Looks like they haven't updated the municipalities though. :shock: